Delhi High Court - Orders
Union Of India And Ors vs Sh. Vinod Kumar Saxena And Ors on 21 November, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~45 to 48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 832/2018
UNION OF INDIA AND ORS. ..... Petitioners
Through: Mr Vijay Joshi with Mr Gurjas Singh
Narula, Advocates.
versus
SH. VINOD KUMAR SAXENA AND ORS. ..... Respondents
Through: Mr Mukesh K. Giri with Mr Sudhir
Naagar, Advocates for respondent no.1.
W.P.(C) 3493/2018
UNION OF INDIA AND ANR ..... Petitioners
Through: Mr Mr Yash Upadhyay, Advocate for
Mr Kirtiman Singh, CGSC.
versus
SHRI JAI NARAYAN CHHIMPA AND ORS. ..... Respondents
Through: None.
W.P.(C) 834/2018
UNION OF INDIA AND ORS. ..... Petitioners
Through: Mr Vijay Joshi with Mr Gurjas Singh
Narula, Advocates.
versus
SH. PREMCHANDRA SINGH AND ORS ..... Respondents
Through: Mr Himanshu Upadhay, Advocate.
W.P.(C) 835/2018
UNION OF INDIA AND ORS. ..... Petitioners
Through: Mr Vijay Joshi with Mr Gurjas Singh
Narula, Advocates.
versus
SH. RAVINDER SINGH AND ORS. ..... Respondents
Through: Mr Mukesh K. Giri with Mr Sudhir
Naagar, Advocates.
W.P.(C) 832/2018 & connected page 1 of 4
Signature Not Verified
Digitally Signed By:ATUL
JAIN
Signing Date:05.12.2022
17:52:20
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MS JUSTICE TARA VITASTA GANJU
ORDER
% 21.11.2022 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 49913/2022 in WP(C) 832/2018
1. The prayer made in the application reads as follows:
"1. Allow the instant impleadment application and implead the Applicant(s) as party/Respondents in the W.P (C) No. 832 of 2018."
2. Mr Vijay Joshi, who appears on behalf of the petitioners, says that he has no objection to the prayer made in the application being allowed, as the applicants stand on the same footing as the private respondents who already stand arrayed as parties.
3. Accordingly, the prayer made in the application is allowed.
4. The amended memo of parties filed is taken on record.
5. The application is disposed of, in the aforesaid terms. W.P.(C) 832/2018 and CM APPL. 3558/2018 [Application filed on behalf of the petitioners seeking interim relief] W.P.(C) 3493/2018, CM APPLs. 13790/2018 [Application filed on behalf of the petitioners seeking interim relief] & 24659/2018 [Application filed on behalf of the petitioners seeking condonation of delay of one day in filing the affidavit] W.P.(C) 834/2018 & CM APPL. 3564/2018 [Application filed on behalf of the petitioners seeking interim relief] W.P.(C) 832/2018 & connected page 2 of 4 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:05.12.2022 17:52:20 W.P.(C) 835/2018 & CM APPL. 3566/2018 [Application filed on behalf of the petitioners seeking interim relief]
6. These matters have been received on transfer.
7. We are told by Mr Mukesh K. Giri, who appears on behalf of respondent no.1 in WP(C) 832/2018, that no notice has been issued in the above-captioned matters.
8. The record shows that the Supreme Court via the judgment dated 09.12.2014, passed in WP(C) 17/2009, titled Vinod Kumar Saxena and Ors. v. Union of India and Ors. held that the post of Gramin Dak Sevaks (GDS) is civil post.
8.1. Having declared so, the Supreme Court held that the writ petitioners could agitate their remaining grievance before the Central Administrative Tribunal, Principal Bench, New Delhi [In short, "Tribunal"]. 8.2. It is in this backdrop that the respondents had approached the Tribunal.
9. The Tribunal via order dated 17.11.2016 ruled in favour of the respondents. This order was passed in OA No. 749/201. 9.1. According to Mr Giri, the Tribunal has held that GDS were entitled to pensionary benefits. It is also Mr Giri's contention that Rule 6 of Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 was struck down.
10. It is in this background that the Union of India (UOI) and other official respondents have approached this court via the instant writ petitions.
11. Mr Giri also informs us that the Tribunal declined to grant relief, with regard to the parity of pay vis-à-vis regular employees. 11.1. It is stated by Mr Giri that this aspect of the matter has been assailed W.P.(C) 832/2018 & connected page 3 of 4 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:05.12.2022 17:52:20 by way of a separate writ petition i.e., WP(C) 7021/2017, titled Vinod Kumar Saxena and Ors. v. Union of India and Ors. by a private respondent.
11.2. A copy of the order dated 29.11.2017 passed in the said writ petition has been placed before us, which shows that the said writ petition was admitted on the said date and has been directed to be placed in the category of Regular Matters, to be listed in its own turn, along with WP(C) 3569/2017 and WP(C) 7022/2017.
12. The matter needs examination.
13. Issue notice.
13.1 Mr Giri accepts notice on behalf of respondent no.1 in WP(C) 832/2018 and on behalf of the respondents in WP(C) 835/2018. 13.2. Likewise, Mr Himanshu Upadhay accepts notice on behalf of the respondents in WP(C) 834/2018.
14. Counter-affidavit(s) will be filed within five weeks. 14.1. Rejoinder(s) thereto, if any, will be filed before the next date of hearing.
15. Counsel for the parties will file their written submissions not exceeding five pages each, at least five days before the next date of hearing.
16. List before the concerned Registrar on 20.12.2022.
17. List before this court on 19.05.2023.
RAJIV SHAKDHER, J
TARA VITASTA GANJU, J
NOVEMBER 21, 2022 / tr
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W.P.(C) 832/2018 & connected page 4 of 4
Signature Not Verified
Digitally Signed By:ATUL
JAIN
Signing Date:05.12.2022
17:52:20